Employment law is a very broad category of law that encompasses the following main areas:
Contract disputes, Bullying, Harassment, Discrimination, Unpaid wages/holidays, Wrongful dismissal, unfair dismissal and Redundancy.
The law on Employment is constantly changing and is now an extremely complex area of law. Further, in the current economic climate, many businesses have had to use drastic measures to save costs; however, getting rid of staff for no clear reason is not an acceptable way.
If you are an employee and feel you have been treated unfairly then act now
and find the right employment solicitor for you.
If you are an employer and are worried about a potential employment issue and what the correct procedures are to follow then it is also essential to seek legal advice, otherwise there could be severe consequences, both financially and to the company reputation.
We compare specialist employment solicitors so you make an informed decision about which solicitor to contact. We compare specialist employment solicitors by distance from you, price and quality ratings. You can view previous case examples to make sure that solicitor has previous employment experience and even see if each firm offers a free initial interview.
Contract Disputes: A contract is entered into between
employee and employer as a mutual agreement to carry out certain duties. If a
written contract is not entered into, then both parties are still under an
obligation to carry out the duties accepted once work is started. Another way
contractual terms can be entered into without a written agreement is implied
terms. These are terms that are obvious to both parties and that don't need to
be expressly agreed. For example, an employee must accept reasonable
instructions from the employer. If you feel that any of your contractual terms
(express/implied) have been breached then why not contact an employment
solicitor to discuss your case further. Make sure the claim occurred within 6
years of the contractual breach to avoid the limitation deadlines and before
contacting a solicitor, try to ensure you obtain a copy of the employment
contract (if applicable).
Bullying/Harassment:
If you, or a fellow employee, is a victim of bullying or harassment it is essential to understand your rights and if you can do anything about it. Bullying and harassment can take many forms in the workplace and can be verbal, physical or even non verbal conduct. Whichever form it takes, it must be to the detriment of the individual and be unwanted. A failure to deal with such offences by the employer can lead to an award of substantial damages. If you, or a colleague, think that you are suffering from bullying or harassing behaviour then find an appropriate employment solicitor to contact and discuss whether you have a claim.
Discrimination: Discrimination can occur in many ways but
usually relates to people being treated differently based upon sex, race,
religious beliefs, sexual orientation or disability. This can be in the form of
pay differences for carrying out the same tasks or being treated less favourably
than co-workers. Discrimination can take two forms; direct and indirect.
Direct Discrimination - this is the most obvious form of discrimination and
an employer can not argue intention as a defence as the end effect is the only
thing that is considered.
Indirect Discrimination - This is much less obvious and an employer may be
able to argue that the discrimination was necessary or required for the job role
i.e. the job description by its nature discriminates against a group of
individuals because it would be impossible to comply.
Dismissal:
Employers usually have the right to dismiss any employee as long as a notice period has been given. This is not the case where it can be shown the employee has continuity of service and has been dismissed either unfairly or wrongly.
There are statutory guidelines that lay down minimum notice periods which are based on the length of time the employee has worked there. For example, if an employee has worked between 2
- 12 years then the employer must give one week per complete year that the employee has continuously worked there.
If the correct procedure (both statutory and by contract) has not been followed then compensation may be payable to the employee which can be a substantial fee. Therefore, employers must seek advice off an employment solicitor before dismissing employees to avoid any unwanted compensation payments.
Redundancy:
Unfortunately, in this current economic climate, many organisations have had to make numerous redundancies. If you think you may be in danger of being made redundant then you need to be aware of your rights. The fundamental principles that employers must follow are that they must have a fair reason for the redundancy and they must follow the correct procedure.
Before redundancies are made, it is the usual process for employers to warn employees by letters of the proposed plans. If you are one of the unfortunate individuals that has been identified then you will be invited to attend a meeting where the reasons will be given and you will be given the opportunity to speak with your employer about why you should continue working within the organisation. It may be a good idea at this stage to offer your employer an alternative, such as part time work or taking a sabbatical.
If after this stage, your employer proceeds with the redundancy then you should receive the decision in writing and be given the opportunity to appeal the decision.
If you think you have been treated unfairly or an incorrect process has been followed then you should consult an employment solicitor as early as possible.